Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 211-H.F.No. 755 
           An act relating to horseracing; authorizing the 
          legislative auditor to perform certain audits; 
          requiring the commission to adopt certain medication 
          rules; authorizing the attorney general to prosecute 
          certain felonies; amending Minnesota Statutes 1984, 
          sections 240.02, by adding a subdivision; 240.24; and 
          240.26, by adding a subdivision.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 240.02, is 
amended by adding a subdivision to read: 
    Subd. 7.  [AUDIT.] The legislative auditor shall audit or 
the commission may contract for an audit of the books and 
accounts of the commission annually or as often as the 
legislative auditor's funds and personnel permit.  The 
commission shall pay the total cost of the audit.  All 
collections received for the audits must be deposited in the 
general fund.  
    Sec. 2.  Minnesota Statutes 1984, section 240.24, is 
amended to read:  
    240.24 [MEDICATION.] 
    Subdivision 1.  [PROHIBITION.] The commission shall make 
and enforce rules governing medication and medical testing for 
horses running at licensed racetracks.  The rules must provide 
that no medication, as the commission defines that term by rule, 
may be administered to a horse within 48 hours of a race it runs 
at a licensed racetrack.  The commission shall by rule establish 
the qualifications for laboratories used by it as testing 
laboratories to enforce its rules under this section.  
    Subd. 2.  [EXCEPTION.] Notwithstanding subdivision 1, the 
commission by rule shall allow the use of:  (1) topical external 
applications that do not contain anesthetics or steroids; (2) 
food additives; (3) Furosemide or other pulmonary hemostatic 
agents if the agents are administered under the visual 
supervision of the veterinarian or assistant veterinarian 
employed by the commission; and (4) nonsteroidal 
anti-inflammatory drugs, provided that the test sample does not 
contain more than three micrograms of the substance or 
metabolites thereof per milliliter of blood plasma.  For 
purposes of this clause, "test sample" means any bodily 
substance including blood, urine, saliva, or other substance as 
directed by the commission, taken from a horse under the 
supervision of the commission veterinarian and in such manner as 
prescribed by the commission for the purpose of analysis. 
    The commission shall adopt emergency rules to implement the 
provisions of this subdivision.  
    Sec. 3.  Minnesota Statutes 1984, section 240.26, is 
amended by adding a subdivision to read: 
    Subd. 4.  [PROSECUTION BY ATTORNEY GENERAL.] 
Notwithstanding section 388.051, subdivision 1, paragraph (c), 
the attorney general has primary jurisdiction to prosecute 
felony violations of section 240.25, subdivisions 2, 3, 4, and 
7, and felony violations of section 240.25, subdivision 1, when 
the bet was allegedly accepted on the premises of a licensed 
racetrack.  
    Sec. 4.  [RULES.] 
    Notwithstanding chapter 14, the emergency rules adopted 
under section 2 shall expire on November 15, 1985, and the 
commission must publish proposed permanent rules under Minnesota 
Statutes, sections 14.14 to 14.28, by October 1, 1985. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day following final 
enactment.  Section 2, subdivision 2, is repealed effective 
December 31, 1987. 
    Approved May 23, 1985